Brown v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Tippah County. Hon. J. W. C.*Watson, Judge. S. P. Brown was convicted in the court below of the murder of J. L. Sadler. He filed a motion to set the verdict aside and for a new trial, on the following ground, amongst others: “ Because one of the jurors who tried the case had formed and expressed an opinion of the case before the trial.”
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Appeal from the Circuit Court of Tippah County. Hon. J. W. C.*Watson, Judge. S. P. Brown was convicted in the court below of the murder of J. L. Sadler. He filed a motion to set the verdict aside and for a new trial, on the following ground, amongst others: “ Because one of the jurors who tried the case had formed and expressed an opinion of the case before the trial.” The appellant filed, in support'of his motion, an affidavit, the body of which was in the following language: “Personally appeared,” etc., “ A. N. Clayton, who, being duly sworn, states that he is a brother of F. J. Clayton,…
1Opinion of the CourtChalmers, J.
The evidence raised and submitted to the jury the question whether the deceased was slain in necessary self-defence as *450testified by the accused and his son, or whether it was a case of lying in wait and assassination; and by their verdict they have declared that the latter was its true character. We cannot say that they were in error.
The only error of law presented which seems to demand consideration is with regard to the juror Clayton.
After the verdict had been rendered, a brother of this juror made affidavit that the juror, before he was summoned, had carefully examined the scene of the…
2Cited by16 opinions
- Pierce v. StateMississippi Supreme Court · 1974
- Lipscomb v. StateMississippi Supreme Court · 1898
- Harris v. StateMississippi Supreme Court · 1883
- Mathisen v. NortonWashington Supreme Court · 1936
- Hilbun v. StateMississippi Supreme Court · 1933
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